Gurpreet Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream, brought by Gurpreet Singh and two other applicants identified as members of his family unit. The core dispute revolved around the validity of the employer's nomination, which had been refused by the Department of Home Affairs. The applicants sought review of the decision to refuse their visa applications.

The Tribunal was required to determine whether the applicants had satisfied the criteria for a Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations, which mandates that the nominated position must be the subject of an approved nomination that has not been withdrawn. A further issue was whether the family unit applicants met the criteria under clause 187.311, which requires them to be members of the family unit of a person who has been granted a Subclass 187 visa based on satisfying the primary criteria.

The Tribunal reasoned that the employer's nomination application lodged by RDS Worldwide Pty Ltd was refused by a delegate of the Minister on 25 September 2018. Although the nominator sought review of this decision, the Tribunal found it lacked jurisdiction to review the refusal because the nominating business had been deregistered and ceased to exist as a legal entity. Consequently, the nomination was not approved as required by clause 187.233(3). As the primary applicant failed to meet the essential criteria for the visa, the family unit applicants also failed to satisfy their criteria under clause 187.311.

The Tribunal affirmed the decisions not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.